1995 Ord
CITY OF SHOREWOOD
ORDINANCE NO. 296
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AN ORDINANCE AMENDING CHAPTER 802.02
OF THE SHOREWOOD CITY CODE
REGARDING GENERAL OPERATION ON STREETS AND HIGHWAYS
OF SNOWMOBILES
The City Council of the City of Shorewood, Minnesota, ordains:
Section 1: Section 802.02 of the Shorewood City Code is amended as follows:
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Subd. 1. No person shall operate a snowmobile upon the roadway, shoulder 0 r
inside bank or slope of any trunk, County-State aid, City or County highway in
the City and, in the case of a divided trunk or County highway, on the right-of-
way between the opposing lanes of traffic, except as provided in this Chapter,
nor shall operation on any such highway be permitted, where the roadway
directly abuts a public sidewalk or property used for private purposes. No
person shall operate a snowmobile within the right-of-way of any trunk,
County-State aid, City or County highway, at times other than those times
authorized in this Chapter, except on the right-hand side of such right-of-way
and in the same direction as the highway traffic on the nearest lane of the
roadway adjacent thereto. No snowmobile shall be operated at any time
within the right-of-way of any interstate highway or, freeway within the City.
Subd. 3. e. The crossing is made during the times authorized in this
Chapter, and both front and rear lights are illuminated.
Section 2. This Ordinance shall be in full force and effect from and after its
passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESO'
this 23rd day of January, 1995.
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Robert B. Bean, Mayor
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CITY OF SHOREWOOD
ORDINANCE NO. 297
AN ORDINANCE AMENDING CHAPTER 801.09
OF THE SHOREWOOD CITY CODE
IMPOSING SEASONAL WEIGHT RESTRICTIONS UPON THE USE OF
STREETS OR HIGHWAYS WITHIN THE CITY
The City Council of the City of Shorewood, Minnesota,
ordains:
Section 1: Section 801.09 of the Shorewood City Code IS
amended as follows:
Subd. 5. Exemption from Provisions: The following streets or
highways within the City are specifically exempted from the
provisions of Subd. 2 of this section:
Eureka Road - Highway 7 to Smithtown Road
Murray Hill Road
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Section 2. This Ordinance shall be in full force and effect from
and after its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY 0 F
SHOREWOOD, MINNESOTA, this 27rd day of February, 1995.
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Robert B. Bean, Mayor
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CITY OF SHOREWOOD
OFFICIAL SUMMARY OF ORDINANCE NO. 298
The following is the official summary of Ordinance No. 298, approved by the City Council
of the City of Shorewood, Minnesota on 27 March 1995.
ORDINANCE NO. 298
AN ORDINANCE AMENDING CHAPTER 1101 OF THE SHOREWOOD CITY CODE
RELATING TO FLOOD PLAIN MANAGEMENT REGULATIONS
This Ordinance updates the Shorewood City Code to comply with requirements of
the National Flood Insurance Program. It identifies areas which are subject to periodic
inundation, and establishes regulations for the use of land in such areas. Standards
pertaining to the subdivision of land, construction of buildings and the placement of utilities
are set forth in the Ordinance. Administrative procedures are established for record keeping
and the obtaining of permits and variances.
This amendment replaces Chapter 1101 in its entirety. A complete copy of the
Ordinance is available for inspection by any person at the office of the City Clerk and at the
Excelsior Library.
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Robert B. Bean, Mayor
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CITY OF SHOREWOOD
ORDINANCE NO. 299
AN ORDINANCE AMENDING CHAPTER 701
OF THE SHOREWOOD CITY CODE
REGULATING DOGS WITHIN THE CITY
AND SECTION 1302 RELATED TO
DOG AND KENNEL LICENSE FEES
The City Council of the City of Shorewood, Minnesota, ordains:
Section 1. Section 701.04, Subd. 1 and 2 are repealed in their entirely and
the following Subds. 1-5 are adopted in its place:
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Subd. 1. Kennel License: Within the limits of the City, no more than tw 0
(2) dogs, over the age of six (6) months shall be allowed in any
household unless the owners shall first obtain a kennel license. This
license shall allow an owner to keep up to four (4) dogs over the age
of six (6) months. Any person desiring a kennel license shall make
written application upon a form prescribed by and containing such
information as required by the City. Every owner is required to
keep a valid, individual license tag securely fastened to the dog's
collar or harness. The owner shall pay a fee for the kennel license
as provided in Section 1302 of this Code. This license shall be valid
for the period of one year, beginning on January 1 and ending 0 n
December 31, and is non-transferable. The application shall contain
the following information:
a. The number of dogs over the age of SIX months to be
maintained on the premises.
b. A description of the real estate property upon which th e
animals will be kept.
c. Written authorization for the City to inspect the premises which
shall be valid for the length of the license. Application for a
renewal license shall be inspected upon receipt of complaints. Said
inspection shall be to confirm compliance with the following
criteria:
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(1) If an outdoor kennel is provided, it must be constructed of
suitable material to maintain and secure the keeping of dogs
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and to allow for sufficient space for the dogs. Standards for
adequate shelter for dogs is specified in Minnesota Statute
343.40, and is hereby adopted by reference, including any
amendments to that section. Said space must be inspected and
approved by the Animal Enforcement Officer. All surfaces m u s t
be constructed of material to provide for proper cleaning,
drainage, and maintenance and needs of the dogs. Kennel
structures must be located within the prescribed setback
requirements for the property and shall be located at least te n
(10) feet from the property boundary. All fences shall be
located entirely upon the property of the fence owner. No
boundary line fence shall be erected closer than three feet (3')
to an existing parallel boundary line fence.
(2) Owners must ensure that dogs kept on a licensed premises
do not create a nuisance by excessive barking, or by creating
unsanitary conditions.
d. Notification of any prIor violations during the preVIOUS
licensing period.
Subd. 2 Denial of License: The City may deny any license request
based upon one or more of the following:
a. The Animal Enforcement Officer finds the kennel facilities
inadequate.
b. Conditions of the license are not met.
c. A nuisance condition is found to be created by the dogs or
owner.
d. The kennel creates a public health and safety hazard, 0 r
has placed the animals in an unreasonable endangerment.
The City shall investigate all complaints and may issue a citation for
violations. After a complaint has been received and found to be
valid regarding a kennel license, the holder of said license shall
appear before the City Council to state or explain their position. Said
appearance shall be within 30 days of the initial complaint and after
notification of all contiguous property owners. The City Council will
then decide the status of the license.
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Subd. 3 Exceptions:
a. An applicant may apply to the City Council for an
exception to the maximum number of dogs allowed per
property.
b. This section shall not apply to non-residents or dogs kept
within the City for less than 30 continuous days.
Subd. 4 Revocation of Kennel License: In addition to any other sanctions
herein provided, violation of any of the terms of this Chapter shall
be grounds for termination of the privilege of keeping up to four (4)
dogs, and said license may be revoked. Revocation may occur for a
violation attributable to any dog kept by the owners.
Section 2. Section 1302 IS hereby amended as follows:
Kennel License
$25.00/initial license
10.00/renewal license
. Section 3. This Ordinance shall be in full force and effect from and after its
passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOT A, this 12th day of June, 1995.
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Robert B. Bean, Mayor
ATTEST:
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Hurm, City Administrator
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ORDINANCE NO. 300
AN ORDINANCE AMENDING CHAPTER 903 OF THE
SHOREWOOD CITY CODE ADOPTING AN ASSESSMENT
POLICY FOR THE PROVISION OF MUNICIPAL WATER
THE CITY COUNCIL OF THE CITY OF SHOREWOOD. MINNESOTA,
ORDAINS:
Section L Section 903.18 is renumbered as Section 903.19.
Section 2. Chapter 903 of the Shorewood City Code is hereby amended by adding the
following:
SECTION 903.18 - WATER ASSESSMENT POLICY
Subd. 1 - SCOPE AND PURPOSE
This policy is intended to provide a fair, equitable, and consistent means of
allocating the cost of water improvements.
Subd. 2 - DEFINITIONS
a. Annual Rate: The rate used for City water assessments as computed under
Subdivision 5.
b.
Building Site: An area of land on which a building exists or an area of land
meeting city code requirements on which a building could be constructed.
Construction Cost: Amount paid to contractors for constructing the improvements.
c.
d. Construction Interest: Cost of financing the improvements from the time the
project is initiated until the assessment roll is approved by the City Council,
less any interest earned on invested funds. The interest rate will be at the
expected assessment rate.
e. Dwelling Unit: A residential building or portion thereof intended for occupancy by a
family, but not including hotels, motels, nursing homes, boarding or rooming
houses, or recreational vehicles.
f. Equivalent-Residential-Units: The number of equivalent residential units is
determined by square footage of the nonresidential parcel-one unit per 20,000
square feet of land area or portion thereof.
g. Lot: Land occupied or to be occupied by a building and its accessory buildings,
together with such open spaces as are required under the provisions of
Shorewood's zoning regulation having not less than the minimum area required by
the Zoning Ordinance for a building site in the district in which such lot is situated
and having its principal frontage on a street, or a proposed street approved by the
Council.
h.
Lot: Comer: A lot situated at the junction of and abutting on two (2) or more
intersecting streets; or a lot at the point of deflection in alignment of a single street
the interior angle of which is one hundred thirty-five degrees (135 0) or less.
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Project Cost (Total Cost of Improvements): All construction costs, plus costs for
administration, engineering, legal, fiscal, easement acquisition assessing, and any
project related work previously done but not assessed.
J. Residential Unit: A residential unit is a platted single family residential lot which,
in accordance with the City of Shorewood's zoning and subdivision regulation,
cannot be further subdivided.
1.
Subd. 3 - SPECIAL ASSESSMENTS
a. Benefit Principle
Special assessments, as authorized by Minnesota State Law, Chapter 429, may be
levied only upon property receiving a special benefit from the improvement. In
Minnesota, the Constitution and courts apply this general rule by placing the
following limitations upon the power to levy special assessments: 1) the rate must
be uniform and consistent upon all property receiving special benefit; 2) the
assessment must be confined to property specially benefited; and 3) the amount of
the assessment must not exceed the special benefit.
b.
The special assessment is a financial tool employed by the City of Shorewood as a
means of allocating the costs of specific improvement projects to the benefited
properties and spreading those costs over a number of years as specified by the
City Council.
Special assessments are billed to the property owner along with real estate taxes.
There is, however, a distinct difference between taxes and special assessments.
Real estate taxes are a function of the real estate value as determined by the
municipal assessor, while special assessments are a direct function of the
enhancement of value or the benefit which a specific improvement gives to the
property .
Consistent & Equitable
Once an improvement project is initiated and it is determined that the improvements
are necessary and desirable, the special assessment procedure is intended to
equitably and consistently allocate and levy the cost of specific improvements to the
benefited properties.
The City must recover the appropriate portion of the expense of installing public
improvements, if undertaken, while ensuring that each parcel pays its fair share
of the project cost in accordance with these assessment guidelines.
This policy sets forth the general assessment methods and policies to be utilized by
the City Administrator and City Engineer when preparing assessment rolls for
approval by the City Council so as to assure uniform and consistent treatment to the
various properties from year to year. The following policy is general in nature, and
certain circumstances may justify deviations from stated policy as determined by the
City Council.
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Subd. 4 - SPECIAL ASSESSMENT PROCEDURE
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A flow chart on the Shorewood Public Improvement Process for Special
Assessment projects giving a detailed explanation of the process is shown on the
next page.
a.
Initiating the Proceedings
b.
Improvement proceedings may be initiated in anyone (1) of the following three (3)
ways:
1. By a petition signed by the owners of not less than thirty-five
percent (35%) of the frontage of the real property abutting on the
streets named as the location of the improvement;
2. By a petition signed by 100% of the owners of real property abutting any
street named as the location of the improvement. Upon receipt of a petition
of 100% of the abutting property owners, the City Council must determine
that it has been signed by 100% of the owners of the affected property.
After making this determination, a feasibility report shall be undertaken and
the project may be ordered without a public hearing, or
3. By the initiative of the City Council.
Petitions for improvement shall be referred for Administrative report and estimated
budget. A simple majority vote of the City Council is needed to start the
proceedings. Whether initiating the proceedings or accepting a petition requesting
such proceedings, the City Council may simultaneously order a feasibility report on
the proposed improvement. Feasibility reports shall be paid for by the City in the
case of water construction projects and recouped once the project as completed
under the terms of this policy.
Preparing the Feasibility Study
An improvement project which is initiated by action of the City Councilor by a
35% petition may be ordered only after a public hearing. Prior to adopting a
resolution calling a public hearing on an improvement, the Council must secure
from the City Engineer a report advising it in a preliminary way as to:
1. Whether the proposed improvement is feasible;
2. Whether the proposed improvement is consistent with Capital Improvement
Planning;
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3. Whether the improvement should be made as proposed or in connection
with some other improvement;
4. The estimated cost of the improvement;
5. A proposed project schedule; and
6. Any other information thought pertinent and necessary for complete Council
consideration.
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c.
Holding a Public Hearing on the Improvement
Improvement projects which are initiated by a 100% petition may be ordered by the
City Council without a public hearing if the City Council detemnnes the project
may be undertaken without unreasonable changes to the Capital Improvement
Finance Plan or the petitioning property owners agree to pay 100% of the cost of
the improvements. In the case of a Council-initiated project or petition of less than
100% of abutting property owners, the Council must adopt a resolution calling a
public hearing on the Improvement project for which mailed and published notices
of the hearing must be gIven. The notice of public hearing must include the
following information:
I) The time and place of hearing;
2) The general nature of the improvements;
3) The estimated cost; and
4) The area proposed to be assessed.
Not less than ten (10) days before the hearing the notice of hearing must be mailed
to the owner of each parcel in the area proposed to be assessed. The notice of
public hearing must be published in the City's legal newspaper at least twice, each
publication being at least one week apart, with the last publication at least three (3)
days prior to the hearing.
At the public hearing, the contents of the feasibility study will be presented and
discussed with the intent of giving all interested parties an opportunity to be heard
and their views expressed.
Ordering the Improvement and Ordering Preparation of Plans & Specifications
Following a public hearing a resolution ordering the improvement may be adopted
at any time within six (6) months after the date of the hearing by a four-fifths (4/5)
vote of the City Council, unless the petition was initiated by a 35% petition in
which event it may be adopted by a majority vote. The resolution may reduce, but
not increase, the extent of the improvement as stated in the notices. At this time a
special assessment is considered to be "pending" for all assessable properties in the
improvement area.
After the order of an improvement project, the City Council must order the
preparation of plans and specifications which may be included as part of the .
resolution ordering the improvements. When the Council determines to make any
improvement, it shall let tlie contract for all or part of the work, or order all or part
of the work done by day labor, no later than one (1) year after the adoption of the
resolution ordering such improvement unless a different time limit is specifically
stated in the resolution ordering the improvement.
Advertising for Bids
If the estimated cost of the improvement exceeds $25,000, bids must be advertised
for in the legal newspaper and such other papers and for such length of time as the
City Council deems desirable. If the estimated cost of the improvement exceeds
$100,000, the advertisement must be in a paper published in a first class city, or in
a trade paper not less than three (3) weeks before the last date for submission of
bids. The notice must contain the following information:
d.
e.
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1. The work to be done;
2. The time when bids will be publicly opened which must be not less than
ten (10) days after the first publication of the advertisement when the cost
is less than $100,000, and not less that three (3) weeks after publications
in all other cases, and
3. A statement that no bids will be considered unless they are sealed and
accompanied by cash, a cashier's check, bid bond or certified check for
such percentage of the bid as specified by the City Council.
f. A warding Contracts
Following receipt of the bids, the City Council must either:
1. Award the contract to the lowest responsible bidder; or
2. Reject all bids
The contact must be awarded no later than one (1) year after the adoption
of the resolution ordering the improvement unless that resolution
specifies a different time limit.
The City Council may purchase the materials and order the work done by
day labor or in any manner it deems proper if:
1. The initial cost of the entire work does not exceed $25,000;
2. No bid is submitted after advertisement; or
3. The only bids are higher than the engineer's estimate.
g. Preparing Proposed Assessment Roll
After the expenses incurred or to be incurred in the completion on an improvement
have been calculated as defined in Section VI-C Project Costs, the City Council
must determine the amount it will pay and the amount to be specially assessed. The
City Engineer and Administrator/Clerk must calculate the amount to be specially
assessed against every parcel of land benefited by the improvement. The area to be
assessed may be less than, but not more than, the area proposed to be assessed as
stated in the notice of public hearing on the improvement. The assessment roll
should contain a description of each parcel of property and the assessment amount
including any deferred assessments. The assessment roll must be filed with the
City Administrator/Clerk and be available for public inspection.
h. Holding Public Hearing on Proposed Assessments
A public hearing on the special assessments must be held following published and
mailed notice thereof. The notice of the assessment public hearing must include the
following information:
1. The date, time and place of the meeting;
2. The general nature of the improvement;
3. The area proposed to be assessed;
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4. The total amount of the proposed assessment;
5. That the as sessment roll is on fIle with the Clerk;
6. That written or oral objections will be considered;
7. That no appeal may be taken as to the amount of assessments unless a
written objection signed by the affected property owner is fIled with the City
Clerk prior to the hearing or presented to the presiding officer at the hearing;
and
8. That the owner may appeal the assessment to the district court by serving
notice on the Mayor or City Clerk within three (3) working days after the
adoption of the assessment and fIling notice with the court within ten (10)
days after such appeal to the Mayor or the City Clerk.
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The notice of the assessment hearing must be published in the legal newspaper at
least once, not less than two (2) weeks prior to the hearing.
The City Clerk must mail notice of the assessment hearing to the owner of each
parcel described in the assessment roll at least two (2) weeks prior to the hearing.
The mailed notice must also include, in addition to the information required to be in
the published notice, the following information.
1. The amount to be specially assessed against that particular loti piece or
parcel of land;
2. The right of the property owner to prepay the entire assessment and the
person to whom prepayments must be made;
3. Whether partial prepayment of the assessment has been authorized by
ordinance;
4. The time within which prepayment may be made without the assessment of
interest; and
5. The rate of interest to accrue if the assessment is not prepaid within the
required time period.
1. Adopting the Assessments
At the assessment hearing or at any adjournment thereof, the City Council may
adopt the assessments as Eroposed or adopt the assessments with amendments. If
the adopted assessment differs from the proposed assessment, the clerk must mail
the owner a notice stating the amount of the adopted assessment. The adopted
assessment roll shall include any and all deferments on large or unplatted parcels of
land.
J. Transmitting Assessment to County Auditor
After the adoption of the assessment, the Ci!)' Clerk must transmit a certified
duplicate copy of the assessment roll, including all deferred equivalent residential
umts to the County Auditor.
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Subd. 5 - SPECIAL ASSESSMENT POLICIES
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a.
It is the policy of the City of Shorewood that all properties shall pay their fair share
of the cost of local improvements as they benefit. It is not intended that any
property shall receive the benefits of improvements without paying for them.
Establishing an Annual Rate
U sing a base rate as established in Subdivision 5 b below, the City Council may
chan~e the assessment rate to allow for inflation. For the purposes of this
subdIvision, the inflation rate shall be established using the index of construction
costs for the City's region, as published by the "Engineering News Record" or the
"Consumer Price Index".
b. Base Rates
c.
The City Council may change the base rate due to changes in construction methods
or materials, changed capital improvement costs, difficult topography or
construction areas, or other changes inherent to the cost of providing water service
to the remainder of the City. The Base Rate will only be changed after careful study
and report by the City Engineer indicating a need for a change. This report shall
include, but not be limited to, the changes that have occurred or are anticipated with
regard to construction methods, capital improvement costs, and the remaining
geographical area(s) of the City to be served by City water.
Term of Assessment
Assessments for water should be assessed for a fifteen (15) year period unless the
City Council determines that some other period of time is more appropriate.
d.
Government Owned Properties
e.
Properties belonging to government jurisdictions, including the City, will be
assessed the same as privately owned property.
Non-developable Land
Special Assessments shall not be levied on properties deemed unbuildable due to
the existence of undeveloped lands lying wholly and completely within zoned
wetlands, flood plains, DNR protected wetlands and/or having restricted soils as
determined by the City Building Inspector. However, all parcels of land are
assumed to be buildable until proven otherwise by the owner.
Interest Rate
The interest rate charged on assessments for all projects financed by debt issuance
shall not exceed two l?ercent (2%) of the net interest rate of the bond issue. This is
necessary in order to Insure adequate cash flow when the City is unable to reinvest
assessment prepayments at an interest rate sufficient to meet the interest cost of
debt or when the City experiences problems of payment collection delinquencies.
In the event no bonds are issued then the rate of interest on assessments shall not
exceed two (2) percent greater than the average rate of interest on all bonds issued
in the previous calendar year or the current market municipal bond rate. Interest on
initial special assessment installments shall begin to accrue from the date of the
resolution adopting the assessment. Owners must be notified by mail of any
changes adopted by the City Council regarding interest rates or prepayment
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requirements which differ from those contained in the notice of the proposed
assessment.
g. Payment Procedures
The property owner has four available options when considering payment of
assessments:
1. Tax Payment - If no action is undertaken by the property owner, then
special assessment installments will appear annually on the individual's
property tax statement for the duration of the assessment term.
2. Full Payment - No interest will be charged if the entire assessment is paid
within 30 days of the date of adoption of the assessment roll. In the initial
year, the property owner may at any time between that date and November
15, prepay the balance of the assessment with interest accrued to December
31 of that years
h.
3. Partial Payment - The property owner has a one-time opportunity to make a
partial payment reduction of any amount against higher assessment. This
option may only be exercised within the 3D-day period immediately
following adoption of the assessment roll.
4. Prepayment - The property owner may, with the exception of the current
year's installment of principal and interest, pay the remaining assessment
balance at any time, prior to November 15 without further interest charges.
Thereafter, the next installment, with interest through December 31 of the
following years will be levied for collection with the real estate taxes
payable the ensuing year. The principal balance will be reduced by the
amount of the installment.
Appeal Procedures
No appeal may be taken as to the amount of any assessment adopted unless a
written objection signed by the affected property owner is filed with the City
Administrator's office prior to the assessment hearing or presented to the presiding
officer at the hearing. The property owner may appeal an assessment to District
Court by serving notice of the appeal upon the Mayor or City Administrator within
30 days after the adoption of the assessment and filing such notice with the District
Court within 10 days after service of the appeal upon the Mayor or City
Administrator.
1.
Reapportionment Upon Land Division
When a tract of land against which a special assessment has been levied is
subsequently divided or subdivided by plat or otherwise, the City Council may, on
application of the owner of any part of the tract or on its own motion, equitably
apportion among the various lots or parcels in the tract all the installments of the
assessment against the tract remaining unpaid and not then due if it determines that
such apportionment will not materially impair collection of the unpaid balance of the
original assessment against the tract. The City Council may require furnishing of a
satisfactory surety bond in certain cases as specified in Minnesota Statutes Section
429.071, subd. 3. Notice of the apportionment and of the right to appeal shall be
mailed to or personally served upon all owners of any part of the tract. In most
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cases dividing the assessment balance evenly on a unit or lot basis would result in
an equitable apportionment. If equitable in a particular case, such a procedure
would be most practical and administratively effective.
Subd. 6 - ASSESSMENT METHOD
a. Unit Method
Assessments for City water shall be made in accordance with the formula in the
following table: .
fl'ormUla
~tructures EXIstmg proposed
Single Family R R+T
Multiple Family* R + 0.25 RU 2R + 0.5 TU
Commercial 1.5RUc R + TUc
Schools, Churches, R (40,000 s.f. or land or R+T
Government, and less)
Other
Nonresidential 1.5R (over 4~000 s.f. of
Ian) 1.5R+1.5T
Mixed Use Assessed at highest use Assessed at highest use rate
rate
T = Trunk Charge: A charge at the time a building permit is issued or upon water
becoming available. This charge may be leVlea upon request.
R = Assessment Rate: An assessment levied when water is available or upon each
newly created lot at time of platting.
U = # of units.
c = # of commercial units as defined by equivalent residential units.
* Multiple family dwellings include those homes having more than a single
dwellIng unit under one roof (Le. duplex, tri-plexf apartments). For tfie
purposes of this ordinance, no more than 12 dwelling units will be allowed for
each base rate applied.
In addition to the above, developers of new subdivisions will be reguired to
install lateral mains, services ana appurtenant items at the time of platting. In
those cases where City water will not be available at the time of pfatting - as
determined by the City Engineer - the development shall pay at the existing rate
until such time as water is available. At that timer the trunk charge and the
amount already paid shall become due and payab e.
b. Corner Lots: Shall be assessable when water becomes available.
Subd. 7 - DEFERRED ASSESSMENTS
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a.
The City Council may defer Special Assessments:
On homestead property owned by a person who qualifies under the hardship criteria
set forth below.
b. Procedure
The property owner shall make application for deferred payment of special
assessments on a form prescribed by the Hennepin County Auditor and
supplemented by the Shorewood City Administrator. The application shall be made
within 30 days after the adoption of the assessment roll by the City Council and
shall be renewed each year upon the filing of a similar application no later than
September 30. The City Administrator shall establish a case number for each
application; review the application for complete information and details and make a
recommendation to the City Council to either approve or disapprove the application
for deferment. The City Council by majority vote, shall either grant or deny the
deferment and if the deferment is granted, the City Council may require the
payment of interest due each year. Renewal applications will be approved by the
City Administrator for those cases whereby the original conditions for
qualifications remain substantially unchanged.
If the City Council grants the deferment, the City Administrator shall notify the
County Auditor who shall in accordance with Minnesota Statutes, Section 435.194,
record a notice of the deferment with the County Recorder setting forth the amount
of assessment.
Interest shall be charged on any assessment deferred pursuant to this Section at a
rate equal to the rate charged on other assessments for the particular public
improvement projects the assessment is financing. If the City Council grants an
assessment deferral to an applicant, the interest may also be deferred, or the interest
may be due and payable on a yearly basis up until the assessment period terminates
and only the principal is deferred. The decision as to whether the principal and
interest or just the principal is deferred is decided by the City Council when
considering the application.
Conditions of Hardship
a) Any applicant must be 65 years of age, or older, or retired by reason of
permanent and/or total disability and must own a legal or equitable
mterest in the property applied for which must be the homestead of the
applicant, or
b) The annual gross income of the applicant shall not be in excess of the
very low income limits (50% of median) asset forth by family size in
Hennepin County's Section Eight guidelines. Calculation of the total
family income shall be determined by the summation of all available
income sources of the applicant and spouse. Income specified in the
application should be the income of the year proceeding the year in
which the application is made, or the average income of the three years
prior to the year in which the application is made, whichever is less, and
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c) Permanent andlor total disability shall be determined by using the criteria
established for "permanent and total disability" for Workman's
Compensation, to wit:
1) The total and permanent loss of the sight of both eyes.
2) The loss of both arms at the shoulder.
3) The loss of both legs so close to the hips that no effective artificial
members can be used.
4) Complete and permanent paralysis
5) Total and permanent loss of mental faculties.
6) Any other injury which totally incapacitates the owner from
working at an occupation which brings himlher an income .
An applicant must substantiate the retirement by reason of :permanent andlor total
disabiliry by :providing a sworn affidavit by a licensed medIcal doctor attesting that
the applicant IS unable to be gainfully employed because of a permanent andlor total
disability .
Section 3. This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota
this 12th day of June, 1995.
,/ /'j !)C:J,
1-<Vt~4z)~^--
ROBERT B. BEAN, MAYOR
ATIEST
J
/yYVl
, CITY ADMINISTRATOR/CLERK
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CITY OF SHOREWOOD
OFFICIAL SUMMARY OF ORDINANCE NO. 300
The following is the official summary of Ordinance No. 300, approved by the City
Council of the City of Shorewood, Minnesota, on June 12, 1995:
Ordinance No. 300
AN ORDINANCE OF THE CITY OF SHOREWOOD, MINNESOTA,
ESTABLISHING SECTION 903.18 OF THE CITY CODE OF ORDINANCES
RELATING TO ADOPTING PROCEDURES AND POLICIES FOR ASSESSING
THE COST OF MUNICIPAL WATER IMPROVEMENTS.
The Ordinance is intended to provide a fair, equitable, and consistent means of
allocating the cost of municipal water improvements. The Ordinance establishes defInitions
including but not limited to equivalent residential units, front footage, lot, project cost,
residential unit and side footage. The Ordinance provides special assessment procedures
including the process for initiating proceedings, improvement hearings, awarding of
contracts, public hearings on proposed assessments, and adoption of assessment rolls. The
Ordinance sets forth policies establishing an annual rate for assessments, inclusion of
project Costs, terms of assessments, interest rates, payment procedures, appeal
procedures, reapportionment procedures and specifIc methods for assessment formulas.
The Ordinance further establishes procedures for deferring assessments for large tracts of
land, hardship for the elderly, disabled persons or low income.
A printed copy of the Ordinance is available for inspection by any person at the
OffIce of the City Clerk and at the Excelsior Library.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this
26th day of June, 1995.
!~
Robert B. Bean, Mayor
ATTEST:
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ORDINANCE NO. 301
AN ORDINANCE AMENDING MUNCIPAL CODE SECTION 1301.02 -
SETTING FEES
Section 1. Section 1301.02 of the Shorewood City Code is amended by adding the following:
City Code
Reference
Ord. No. 300
Type of Charge/Fee
Base Water Special Assessment (R)
Charge/Fee
Lots of Record as of the
effective date of this ordinance
Water improvements made in 1995 $4,080.00
such assessment to be for a term of 18 years at 7% interest
with payment delayed for 3 years
Water improvements made in 1996 $4,366.00
such assessment to be for a term of 17 years at 7% interest
with payment delayed for 2 years
Water improvements made in 1997 $4,671.00
such assessment to be for a term of 16 years at 7% interest
with payment delayed for 1 year
Water improvements made after 1997 $5,000.00
such assessment to be for a term of 15 years, with payment
beginning the following levy year
Lots created after the effective
date of this ordinance $5,000.00
such assessment to be for a term of 15 years, with payment
beginning the following levy year
Water Trunk Charge (T)
$5,000.00
Ord. No. 300
Section 2. Section 1301.02 of the Shorewood City Code is further amended as follows:
Type of Charge/Fee
City Code
Reference
Charge/Fee
Water Connection Fee
903.03.3
$5,000.00
Section 3. This ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota this
12th day of June, 1995.
"'\
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Robert B. Bean, Mayor
:,LV\lUL4-L: II ,cMIV1
es C. Burm, City Administrator
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ORDINANCE NO. 302
AN ORDINANCE AMENDING CHAPTER 903 OF THE
SHOREWOOD CITY CODE REGARDING ASSESSMENT
POLICY FOR THE PROVISION OF MUNICIPAL WATER
THE CITY COUNCIL OF THE CITY OF SHOREWOOD.
MINNESOTA, ORDAINS:
Section 1. Section 903.18, Subd. 2 (0 is hereby amended to read:
f. Equivalent-Residential-Units: The number of equivalent residential units is
determined by square footage of the nonresidential parcel-one unit per 40,000
square feet of land area or portion thereof.
Section 2. Section 903.18, Subd. 6 - ASSESSMENT METHOD is amended to read:
a. Unit Method
Assessments for City water shall be made in accordance with the formula in the
following table:
Formula
Structures Existing Future
Single Family R R+T
Multiple Family* R + 0.25 RU 2R + 0.5 TU
Commercial* * 1.5RUc Deferred Amount + TU c
Schools, Churches, R (40,000 s.f. or land or R+T
Government, and less)
Other
Nonresidential 1.5R (over 4~000 s.f. of
Ian 1.5R+1.5T
Mixed Use Assessed at highest use Assessed at highest use rate
rate
T = Trunk Charge: A char~e at the time a building permit is issued or upon water
becoming available. This charge may be levleo upon request.
R = Assessment Rate: An assessment levied when water is available or upon each
newly created lot at time of platting.
U = # of units.
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c = # of commercial units as defined by equivalent residential units.
* Multiple family dwellings include those homes having more than a single
dwellmg unit under one roof (i.e. duplex, tri-plex apartments). For tile
purposes of this ordinance, no more than 12 dwelling units will be allowed for
each base rate applied.
In addition to the above, developers of new subdivisions will be reguired to
install lateral mains, services ana appurtenant items at the time of platting. In
those cases where City water will not be available at the time of pfatting - as
determined by the City Engineer - the development shall pay at the existing rate
until such time as water is available. At that time, the trunk charge and the
amount already paid shall become due and payable.
** Parcels zoned but not developed or used as commercial- Uc may be deferred.
Section 4. Section 903.18 is hereby amended to include:
Subd.8. City Council may adjust the fmal assessment as appropriate to satisfy the
requirements of Minnesota Statutes Section 429.
Section 5. This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota
this 10th day of July, 1995.
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1=:'{uJ-13iV(Jv~-"
ROBERT B. BEAN, MAYOR
VA t {~
S C. HURM, CITY ADMINISTRATOR/CLERK
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ORDINANCE NO. 303
AN ORDINANCE AMENDING CHAPTER 1301.02 OF THE
SHOREWOOD CITY CODE SETTING FEES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS:
Section 1:
Section 1301.02 of the Shorewood City Code is hereby amended to read:
City Code
Reference
Ord. No. 300
Type of Charl:e/Fee
Base Water Special Assessment (R)
Char~e/Fee
$5,000.00
Water Trunk Charge (T)
Ord. No. 300
$5,000.00
Such charge may be assessed for a term of 15 years, with payment
beginning the following levy year.
Water Connection Fee
903.03.3
$5,000.00
Section 2: This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 10th day of July, 1995.
ATTEST:
...'l () .
c;tuJiJ7~t/~,-.
Robert B. Bean, Mayor
. J
. . '-u C" ,;1 <' vYVY\
" ....., //v \. . fi;:J1.A.
Jam:es C. Hurm, City Administrator/Clerk
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CITY OF SHOREWOOD
ORDINANCE NO. 304
AN ORDINANCE RELATING TO WATER SPECIAL
ASSESSMENTS PERMITTING PARTIAL PREPAYMENTS
The City Council of the City of Shorewood, Minnesota, ordains:
Section 1. Section 903.18, Subd. 5 (g) 5 Partial Prepayment of Special
Assessments. Special assessments may be partially prepaid subject to the
following provisions.
(a) Partial prepayments shall be made to the City Finance Director.
(b) Partial prepayments may be made not more than once per
calendar year.
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(c) Partial prepayments may be paid in amounts not less than 10%
of the original assessment.
Section 2. This ordinance shall be in full force and effect from and after its
passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOT A, this 14th day of August, 1995.
~f~~~t-
Robert B. Bean, Mayor
ATTEST:
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! '.UL~vW)
Ja es C. Hurm, City Administrator
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CITY OF SHOREWOOD
ORDINANCE NO. _.3.11.5__
AN ORDINANCE AMENDING CHAPTER 1102 OF THE SHOREWOOD
CITY CODE RELATING TO WETLAND DEVELOPMENTS
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA,
ORDAINS:
Section 1:
Section 1102.02 of the Shorewood City Code is hereby amended to include:
"Subd. 3. SETBACK: The minimum horizontal distance between a building or structure
and the nearest edge of a wetland buffer. Distances are to be measured at ground
level from the most outwardly extended portion of any part of the structure.
Subd. 4. WETLAND BUFFER: An area of vegetated ground cover, measuring thirty-
five feet (35') in depth, abutting a wetland conservation area as provided in Section
1102.03 of this Code or abutting a wetland which is protected by the Wetland
Conservation Act of 1991 (hereinafter referred to as the WCA)."
Section 2:
Section 1102.06 of the Shorewood City Code is hereby amended to read:
"SUBDIVISION STANDARDS:
Subd. 1. No part of any land within the wetland conservation area shall be platted for
residential use or any other use which will increase the danger to health, life,
property or the public welfare. Whenever a portion of the conservation area is
located within the area to be subdivided, an adequate easement in favor of the City
over the lowlands shall be required for the purpose of improving and protecting the
area from drainage and other purposes expressed in this Chapter. Streets,
driveways and culverts shall not be constructed or designed so as to restrict the
flow of water and the same shall be approved by the City Council.
Subd.2. Wetland Buffer Strip and Setback. For lots created after 28 August 1995, or for
those lots where a wetland buffer strip and setback have been required as part of a
subdivision development agreement, a buffer strip shall be maintained abutting all
wetland conservation areas as provided in Section 1102.03 of this Code and
abutting WCA wetlands.
a. It is the responsibility of the subdivider to delineate the exact boundaries of
wetland conservation areas as provided in Section 1102.03 of this Code and the
boundaries ofWCA wetlands. Wetland delineations supplied by subdividers shall
be certified by a qualified wetland delineator approved by the U.S. Army Corps of
Engineers or the Minnesota Board of Water and Soil Resources.
b. Wetland buffer strips and structure setbacks shall apply to all parcels of land
whether or not the wetland is on the same parcel as the development.
c. Buffer strip vegetation shall be preserved and maintained in its natural state.
d. For roadways that must be aligned either adjacent to or across wetlands and
are subject to WCA replacement requirements, additional wetland filling to create a
buffer strip shall not be required.
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e. A survey monument is required at each lot line where it crosses a wetland
buffer strip, and as necessary to adequately determine the location of the wetland
buffer strip. These monuments shall remain in place after site grading of the lot has
been completed.
f. Wetland buffer strips and structure setbacks shall be as follows:
Wetland buffer strip: minimum 35 feet from wetland conservation area
or WCA wetland
Structure setback: minimum 15 feet from wetland buffer strip*
* Fences and play equipment may encroach into the structure setback area,
but not into the wetland buffer strip"
Section 3: This Ordinance shall be in full force and effect from and after its passage
and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD,
MINNESOTA, this 28th day of August, 1995.
J2,
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Robert B. Bean, Mayor
'\I
C. Hurm, City Administrator/Clerk
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ORDINANCE NO. ~
AN ORDINANCE AMENDING CHAPTER 903 OF THE
SHOREWOOD CITY CODE REGARDING ASSESSMENT
POLICY FOR THE PROVISION OF MUNICIPAL WATER
THE CITY COUNCIL OF THE CITY OF SHOREWOOD.
MINNESOTA, ORDAINS:
Section 1. Section 903.18, Subd. 2 (a) is hereby amended to read:
a. Assessment Rate: The rate used for City water assessments as computed under
Subdivision 5.
Section 2. Section 903.18, Subd. 4 (d) is hereby amended to read:
d. Ordering the Improvement and Ordering Preparation of Plans & Specifications
Following a public hearing a resolution ordering the improvement may be adopted
at any time within six (6) months after the date of the hearing by a four-fifths (4/5)
vote of the City Council, unless the project was initiated by a 35% petition in which
event it may be adopted by a majority vote. The resolution may reduce, but not
increase, the extent of the improvement as stated in the notices. At this time a
special assessment is considered to be "pending" for all assessable properties in the
improvement area.
Section 3. Section 903.18, Subd. 4 (g) is hereby amended to read:
g. Preparing Proposed Assessment Roll
The City Engineer and Administrator/Clerk must calculate the amount to be
specially assessed against every parcel of land benefited by the improvement. The
area to be assessed may be less than, but not more than, the area proposed to be
assessed as stated in the notice of public hearing on the improvement. After fees
and charges are prepared per Subd. 6 of this Ordinance, the assessment roll will be
prepared. The assessment roll should contain a description of each parcel of
property and the assessment amount including any deferred assessments. The
assessment roll must be flIed with the City Administrator/Clerk and be available for
public inspection.
Section 4. Section 903.18, Subd. 5 (a) is hereby amended to read:
a. Establishing an Assessment Rate: Using a base rate as established in Subd. 5 (b)
below, the City Council may change the assessment rate annually to allow for
inflation. For the purposes of this subdivision, the inflation rate shall be
established using the index of construction costs for the City's region, as published
by the "Engineering News Record" or the "Consumer Price Index".
Section 5. Section 903.18, Subd. 6 (a) is hereby amended to read:
a.
U nit Method
Assessments for City water shall be made in accordance with the formula in the
following table:
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Formula
Existing Future
Land Use (Lot of Record/Units) (Newly Created Lots or
Units)
Single Family R R+T
Multiple Family* R + 0.25 RU 2R + 0.5 TU
Property Zoned
Commercial But Not 1.5R 1.5RUe + TUe
Yet Used As Such
Zoned and
Developed as 1.5RUe 1.5RUe+ TUe
Commercial
Property
Schools, Churches, R (40,000 s.f. of land or R+T (40,000 s.f. of land or
Government, and less) less)
Other
Nonresidential
1.5R (over 40,000 s.f. of 1.5R+1.5T (over 40,000
land) s.f. of land)
In addition to the above, developers of new subdivisions will be required to install
lateral mains, services and appurtenant items at the time of platting.
New assessment charges applied against newly divided or developed land shall be
credited the amount of assessment charges against the original parcel.
T = Trunk Charge: A charge due at the time a new lot is created, a zoning action is
taken, or a building permit issued that creates additional units. This charge
may be levied upon request.
R = Assessment Rate: An assessment levied against a lot when water becomes
available.
u = # of dwelling units.
Ue = Number of equivalent residential units.
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* Multiple family dwellings include those buildings designed with two or more
dwelling units. For the purposes of this ordinance, no more than 12 dwelling
units will be allowed for each base rate ( R ) applied. Assessment fees and
trunk charges are per structure.
Section 6. This Ordinance shall be in full force and effect from and after its passage and
publication.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood, Minnesota
this 23rd day of October, 1995.
"-)
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/~J~7,1~
ROBERT B. BEAN, MAYOR
ATTEST:
J
C'
S C. HURM, CITY ADMINISTRATOR/CLERK
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CITY OF SHOREWOOD
ORDINANCE NO. 307
AN ORDINANCE AMENDING CITY CODE SECTION 1300.02,
RELATING TO RESIDENTIAL RECYCLING FEES
THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA ORDAINS:
Section 1. Section 1300.02 of the City Code of the City of Shorewood is
hereby amended by adding the following:
Residential Recycling Fee
$1.00/month/household
Section 2. This Ordinance shall be in full force and effect from and atter
its passage and publication.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
SHOREWOOD, MINNESOTA this 29th day of November, 1995.
I ;': '~'" "
i ./,. ,r, ::, ,...;> ,', r "
r-:~':"-,,,,-V~-f'?I\~-
Robert B. Bean, Mayor
ATTEST:
C /
/\f\1\.QA. i!./1t1/11
s C. Hurm, City Administrator